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Reasons
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(영문) 창원지방법원 2016.07.07 2016고정429
폭력행위등처벌에관한법률위반(공동상해)
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Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) jointly with C, and Defendant A, in around February 5, 2016, inside the 'E-E’ restaurant located in Kimhae-si, Kim Jong-si, and Defendant A, while taking a restaurant, she faced with G and shoulder, which is the kind of the victim F (the age of 39) with the restaurant, with the victim, she was in a dispute with the victim, and she was frighted with the victim. C and the Defendant B were also salpted with the breath of the victim, and she was salpted with the victim’s broth, she was flad with the victim’s flath, and Defendant B was salpted with the victim’s flad with the flab, which was flad with the victim’s flab in a restaurant, and was flad with the victim beyond the victim for approximately 2 weeks treatment.

2. The Defendant injured the Defendant’s negligence at the time and place specified in paragraph 1, and at the same time, brought the F to the face of the Victim G (V, 40 years old), which was frightened by the Defendant at the time of drinking, thereby causing injury to the Defendant, such as damage of the face requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to F and G;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 266 (1) of the Criminal Act (the point of joint injury), and Article 266 (2) 3 of the Punishment of Violences, etc. Act, Defendant B who is selected as a fine: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and selection of fines;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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